NATIONAL ECONOMICS UNIVERSITY

INTERNATIONAL SCHOOL OF MANAGEMENT AND ECONOMICS

HIGHER NATIONALS
BTEC HIGHER NATIONAL DIPLOMA IN BUSINESS (RQF)

Unit Code, Number and H/617/0736 - Unit 7: Business Law

Title
Semester and Academic Summer Semester, Academic year 2021-2022
Year
Unit Assessor(s) Cao Xuan Phong / Nguyen Thi Dan Phuong

Assessment Number and BL A1.1: Individual assignment (Assessment 1 of 1)

Title
Issue Date Friday, June 24th, 2022
Submission Date 10:00 am, July 10th, 2022

IV Name Le Thi Huong Lan

IV Date Friday, June 24th, 2022

Student name

NEU Student ID Pearson ID

Plagiarism is a particular form of cheating. Plagiarism must be avoided at all costs and students who
break the rules, however innocently, may be penalised. It is your responsibility to ensure that you
understand correct referencing practices. As a university level student, you are expected to use
appropriate references throughout and keep carefully detailed notes of all your sources of materials
for material you have used in your work, including any material downloaded from the Internet. Please
consult the relevant unit lecturer or your course tutor if you need any further advice.

I certify that the assignment submission is entirely my own work and I

Student declaration fully understand the consequences of plagiarism. I understand that
making a false declaration is a form of malpractice.

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Student(s) name(s) /
Date: July 10th, 2022
Signature

Submission format and Instructions:

This assignment (Assessment 1 of 1) covers Learning Outcome 1, 2, 3 and 4 (LO1, LO2, LO3, LO4).

● This is an individual assignment.

● The submission format is in the form of a case study written report.

● The assignment should have a cover page that includes the assignment code, number, tittle,
assessors’ names and student’s name and ID. Attach all the pages of assignment brief with your
report and leave them blank for official use.

● Name of the file includes Student ID_Unit name_Assessment no. (E.g. “10190123_BL_A1.1”).
● Ensure that authenticity declaration has been signed.

● Include a content sheet with a list of all headings and page numbers.

● Plagiarism is unacceptable. Students must cite all sources and input the information by
paraphrasing, summarising or using direct quotes. A Referral Grade is given when Plagiarism is
identified in your work. There are no exceptions.

● Your evidence/findings must be cited using Harvard Referencing Style. Please refer to
Reference guiding posted on Moodle. The Reference page is compulsory to upload on Turnitin.

● This assignment should be written in a concise, formal business style using Arial 11 or Times
New Roman 13 font size and 1.5 spacing.
● The word limit is 3,500 words (+/- 10%).

● You MUST complete and submit a softcopy of your work on the due dates stated on Assignment
brief. All late work is not allowed to submit. This rule is not waived under any circumstances. The
softcopy must be submitted to Turn-it-in via Moodle.

● Read ALL Instructions on this Page and review the Pass, Merit and Distinction criteria carefully.
To pass the assignment, you must achieve ALL the Pass Criteria outlined in the marking sheet.
To achieve a Merit, you must achieve ALL the Merit criteria (and therefore the Pass criteria). To
achieve a Distinction, you must achieve ALL the Distinction criteria (and therefore the Pass and
Merit criteria).

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Unit Learning Outcomes:
LO1: Explain the nature of the legal system.
LO2: Illustrate the potential impact of the law on a business.
LO3: Examine the formation of different types of business organizations.
LO4: Recommend appropriate legal solutions to resolve areas of dispute.

Assessment Brief and Guidance:

LO1. Explain the nature of the legal system.

1. (P1) Henry hit Denny in his birthday party.
a. Henry was prosecuted on battery charges by the district attorney.
b. Denny took Henry into the court for money damages.
These are civil or criminal legal action? What are remedies in each situation?

2. (P2) Describe how the law is made in England and explain role of Parliament (and its houses),
Cabinet (Government) and Courts of England in describing the law-making processes.

3. (P2) Imagine s 22 of the TAFE Education Act 2002 in your jurisdiction makes it an offence ‘to
bring any concealed notes, sketches, books or aids relevant to the examination into an
examination room’. The Education Minister said in parliamentary debate that s 22 was intended
to give examination monitors stronger powers to prevent cheating.
Use literal rule, golden rule or mischief rule and purposive approach to interpret the following
situations to explain whether Tobey and Chrisia violated the above mentioned act:
a. Tobey is caught in an exam room receiving instructions over a mini radio hidden in his shirt.
b. Chrisia accidentally leaves notes in her pocket when she enters the exam room. Thirty
minutes later she realises what she has done and hands them to the exam monitor.

LO2. Illustrate the potential impact of the law on a business.

4. (P3) Fifteen-year-old Tanya entered an 'apprenticeship' contract for three years which required
her to train 12 hours a day, seven days a week and perform only in shows arranged by
Ramona, a famous ballet teacher. In return, Ramona promised to provide Tanya with room and
board and £25 a week spending money. Ramona had an option to renew the contract for
another three years. When she turned 17, Tanya took up a part-time position as a cheerleader
for a basketball club and this caused her to miss some lessons and ballet performances.
Ramona sued Tanya for breach of her contract of service.
Could Ramona be likely to succeed in this situation? Why?

5. (P3) Carlos agrees to transport a valuable painting from London to Liverpool for Danesh, for a
fee of £500. The painting is required urgently, for an upcoming exhibition. The day before the
painting is to be transported, the only airline flying from London has a problem with its jets, and
all flights will be grounded for a week. This is the first time such a serious problem has ever
happened with this airline. The only alternative for Carlos is to pay for a private chartered flight
for the painting, or transport it by road. Both of these options will cost more than £1000.

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 Danesh claims that the extra costs are Carlos’ problem, and that he will sue Carlos for breach of
contract if the painting is not delivered on time. Carlos says that the contract has now been
frustrated, and a new contract must be negotiated.
Who is right? Why?

6. (P3) Maxine has worked as a teacher for the ITB correspondence school for 18 years. She
controls all aspects of the ITB bookkeeping course, which she designed and developed,
although the school has the right to vary the course. Apart from a holiday break in January, for
which she is not paid, Maxine works four days a week from 9 am to 6 pm. ITB requires Maxine
to do all her work at their office. It provides her with a computer and all the clerical equipment
she needs. Maxine has a written agreement that states she is an independent contractor. She
cannot hire a replacement or delegate her tasks to someone else without the permission of the
school. She is paid her hourly rate in a lump sum every fortnight. PAYG tax is not deducted.
Maxine does not have a business name or a company structure and does not submit invoices
for payment. She has never been paid while she is sick or on holiday.
Explain whether Maxine could be entitled to teachers’ award conditions and long service leave
for her years of work with ITB.

LO3. Examine the formation of different types of business organizations.

7. (P4) Roger Flahive is the managing member of Flahive Oil & Gas LLP. To exercise mineral
rights beneath certain real property, Flahive Oil & Gas contracted with Kaycee Land and
Livestock. Later, alleging environmental contamination, Kaycee filed a suit in a court against
Flahive and his LLP. On discovering that Flahive Oil & Gas had no assets, Kaycee asked the
court to hold Flahive personally liable.
Would Flahive be personally liable for the happening in this situation? Why?

8. (P5) How are public companies taxed differently than LLPs?

LO4. Recommend appropriate legal solutions to resolve areas of dispute.

9. (P6) A computer systems consultant in your jurisdiction has been ordered to pay damages of
£65000 to a large furniture wholesale company for installing a faulty ordering system. The court
was strongly influenced by evidence from an IT expert that the system did not perform as it
should have.
a. Which court would have heard this case?
b. Which court would have jurisdiction to hear an appeal from the decision?

10. (P6) Discuss advantages and disadvantages of arbitration.

In case your company involved in a commercial dispute, would you choose to submit the case to
arbitration? Why?

Note: base all of your answers on the UK’s laws and materials!

Learning Outcomes and Assessment Criteria

Learning Achieve Achieved Achieve
Pass d Merit (ticked) Distinction d
Outcome

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 (ticked) (ticked)
P1 Explain
different sources
of law. M1 Evaluate
the
P2 Explain the
LO1 Explain effectiveness of LO1 & LO2
role of
the nature of the legal D1 Provide a
government in
the legal system in terms coherent and
law-making and
system of recent critical evaluation
how statutory and
reforms and of the legal
common law is
developments. system and law,
applied in the
with evidence
justice courts.
drawn from a
M2 Analyse the range of different
P3 Using specific
LO2 potential impact relevant
examples,
Illustrate on business examples to
illustrate how
the through support
company,
potential differentiation judgments.
employment and
impact of between
contract law has a
the law on legislation,
potential impact
a business regulations and
upon business.
standards

P4 Explore how
different types of
business M3 Analyse the
LO3 organizations are D2 Critically
advantages and
Examine the legally formed. analyse the
disadvantages
formation of formation of
of the formation
different different types of
of different
types of business
types of
business P5 Explain how organizations.
business
organizations business organizations.
organizations are
managed and
funded.

M4
P6 Compare and Recommend
LO4
contrast different legal solutions
Recommen D3 Critically
sources of legal for resolving a
d evaluate the
advice and range of
appropriate effectiveness of
support for disputes, using
legal legal solutions,
dispute resolution examples to
solutions to legal advice and
to make demonstrate
resolve support for
appropriate how a party
areas of dispute resolution.
recommendations might obtain
disputes
to legal solutions legal advice
and support.

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Formative Feedback: Assessor to Student

Action Plan

Summative Feedback: Assessor to Student

Choose The Student Is Awarded:

One
Referral PASS Grade MERIT Grade DISTINCTION
(*) Grade

Name Of Assessor: Date Of Assessment:

Re-submission Feedback:

Choose The Student Is Awarded A:

One
Referral PASS Grade MERIT Grade DISTINCTION
(*) Grade

Name Of Assessor: Date Of Assessment:

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Feedback: Student to Assessor

Signature & Date:

* Please note that grades are provisional. They are only confirmed once internal and external
verifiers have taken place, and the final decisions have been agreed at the assessment board.
* This grade only reflects the result of this assignment, not for the whole Unit.